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(영문) 의정부지방법원 2016.08.12 2016나51683
보증채무금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 4, 9 and arguments as to the cause of the claim, the plaintiff entered into a car rental contract (hereinafter "the contract of this case") with Eul Co., Ltd. on September 6, 2010 with a fixed term of 42 months, sirens 51,890 won, monthly rental rate of 24% per annum, residual value of 9,596,00 won, and with a fixed term of 30% per annums (hereinafter "joint and several surety contract of this case"), on the same day, the defendant jointly and severally guaranteed the obligation of this case to the plaintiff under the contract of this case (hereinafter "joint and several surety contract of this case"), and on the grounds that Eul cannot maintain the contract of this case, the above contract of this case was terminated on October 31, 2013, Eul returned its vehicle to the plaintiff, and the defendant paid damages for delay of 20 won, 35,297 won, 375, 467, 257, 27

2. The defendant's assertion and judgment

A. 1) The Defendant retired at the end of September 201, and the contract of the instant joint and several sureties was terminated by submitting a written request for replacement as a joint and several sureties to the Plaintiff. As such, the Plaintiff is not obligated to assume obligations under the instant contract. 2) Even if the Plaintiff did not accept the request for replacement as a joint and several sureties and thus the contract of the instant joint and several sureties was not terminated, the Plaintiff is obligated to notify the Defendant that the joint and several sureties was not replaced.

The claim of this case shall be neglected, and the defendant shall file the claim of this case.

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